February 13 2019 Regular Meeting Minutes181
MINUTES
REGULAR MEETING
FREDERICK COUNTY BOARD OF SUPERVISORS
WEDNESDAY, FEBRUARY 13, 2019
7:00 P.M.
BOARD ROOM, COUNTY ADMINISTRATION BUILDING
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES
Board of Supervisors: Charles S, DeHaven, Jr., Chairman; Gary A. Lofton, Vice Chairman;
Blaine P. Dunn; J. Douglas McCarthy; Judith McCann -Slaughter; Shannon G. Trout and Robert W.
Wells were present.
Staff present: Kris C. Tierney, County Administrator; Jay E. Tibbs, Deputy County
Administrator; Roderick B. Williams, County Attorney; Karen Vacchio, Public Information Officer;
Mike Ruddy, Director of Planning; Candice Perkins, Assistant Director of Planning; Mark Cheran,
Zoning & Subdivision Administrator; John Bishop, Assistant Director of Planning -Transportation;
and Ann W. Phillips, Deputy Clerk to the Board of Supervisors.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
INVOCATION
Supervisor McCarthy delivered the invocation.
PLEDGE OF ALLEGIANCE
Vice Chairman Lofton led the Pledge of Allegiance.
ADOPTION OF AGENDA - APPROVED
Upon motion of Supervisor Slaughter, seconded by Supervisor Dunn, the agenda was
adopted on a voice vote.
CITIZENS COMMENTS
Kevin Dunnigan, representing American Woodmark, spoke in favor of moving forward
with the Renaissance Drive Phase II road project citing safety concerns with the current road
system.
ADOPTION OF CONSENT AGENDA — APPROVED
Upon motion of Vice Chairman Lofton, seconded by Supervisor Dunn, the consent
agenda was adopted on a voice vote.
- Minutes: Regular Meeting of January 23, 2019 - CONSENT AGENDA APPROVAL
- Minutes: Budget Work Session of January 23, 2019 - CONSENT AGENDA APPROVAL
- Parks and Recreation Commission Report - CONSENT AGENDA APPROVAL, Appendix 1
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- Transportation Committee Report of 1/28119 - CONSENT AGENDA APPROVAL Appendix 2
- Public Works Committee Report Of 1129f 19 - CONSENT AGENDA APPROVAL, Appendix 3
- Resolution adopting the 2018 Northern Shenandoah Valley Region Multi -Jurisdictional
Hazard Mitigation Plan Update
RESOLUTION ADOPTING THE
2018 NORTHERN SHENANDOAH VALLEY REGION
MULTI- JURISDICTIONAL HAZARD MITIGATION PLAN UPDATE
WHEREAS, the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act),
as amended by the Disaster Mitigation Act of 2000, provided the legal basis for state; tribal, and
local governments to undertake risk -based approaches to reducing natural hazard risks through
mitigation planning, and specifically, the Act requires state, tribal, and local governments to
develop and adopt FEMA-approved hazard mitigation plans as a condition for receiving certain
types of non -emergency disaster assistance, and
WHEREAS, under the Disaster Mitigation Act of 2000, every locality recognized by the State
Code that adopts a local or regional hazard mitigation plan every five years, remains eligible for
the funding opportunities offered through the U.S. Federal Emergency Management Agency
(FEMA), as part of theDepartment of Homeland Security (DHS), and therefore, by adopting this
Plan update, the localities included in this Plan update will remain eligible for Hazard Mitigation
Grant Program (HMGP) funds and the Hazard Mitigation Assistance (HMA) programs, and
WHEREAS, the Virginia Department of Emergency Management's Emergency Operations Plan
Standard Hazard Mitigation Plan, Support Annex 3 (Volume II) requires each of Virginia's cities,
counties, and towns to take an active role in developing a hazard mitigation plan for their
respective areas, and it was the intent of the Commonwealth of Virginia to combine as many of
the mitigation plans as possible into regional, multi jurisdictional plans using the PDCs as the
planning agencies for these efforts, and
WHEREAS, preparation of this 2018 Plan update was carried out by the local Northern
Shenandoah Valley Regional Commission (VA Planning District Commission 7) under funds
secured from the VDEM Pre -Disaster Mitigation Grant Program (PDM),
NOW, THEREFORE, BE IT RESOLVED THAT the County of Frederick adopts the 2018
Northern Shenandoah Valley Region Multi -Jurisdictional Hazard Mitigation Plan Update.
++++++++++++++
- Resolution Requesting Spanish Oak Road Sadi Court and Sarvis Court be added to the
Secondary System of State Highways
WIIEREAS, the streets described on the attached Form AM-4.3, fully incorporated herein by
reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick
County; and
WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this
Board that the streets meet the requirements established by the Subdivision Street Requirements
of the Virginia Department of Transportation; and
WHEREAS, the County and the Virginia Department of Transportation have entered into an
agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request
for addition; and
NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of
Transportation to add the streets described in the attached Form AM-4.3 to the secondary system
of state highways, pursuant to 33.2-705, Code of Virginia, and the Department's Subdivision
Street Requirements; and
BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of-way, as
described, and any necessary easements for cuts, fills and drainage; and
BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the
Resident Engineer for the Virginia Department of Transportation.
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- Resolution and agreement enabling the Chief Building Official to enter into appropriate
agreements with neighboring localities regarding permits on border properties
WHEREAS, there exist parcels of land which lie partially within the County of Frederick and one or
more surrounding localities within the Commonwealth; and
WHEREAS, the circumstances of these lots may create confusion as to which locality is properly
charged with issuing building permits and enforcing the Uniform Building Code with regard to
structures which are, or are to be located, on such lots; and
WHEREAS, cooperation between the localities in which such parcels of land lie would lead to the
efficient administration of government and enforcement of the Uniform Building Code;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors authorizes the County
Administrator or Building Official to enter into agreements with surrounding localities within the
Commonwealth for the purposes of enforcement of the Virginia Uniform Statewide Building Code
concerning structures which are presently, or which are to be in the future, located on lots which are
located partially within Frederick County and partially within the surrounding locality.
BOARD OF SUPERVISORS COMMENTS — None
COUNTY OFFICIALS:
COMMITTEE APPOINTMENTS
No appointments were offered by the Board.
COMMITTEE BUSINESS:
TRANSPORTATION COMMITTEE
RENAISSANCE DRIVE, PHASE II - APPROVED
Vice Chairman Lofton moved for approval of the 2-1ane relocated at grade crossing and 2-
lane road section costing $3,081,692 for completion of Phase II of the Renaissance Drive project,
Supervisor Wells seconded the motion which carried as follows on a roll call vote:
Blaine P. Dunn No
Gary A. Lofton Aye
J. Douglas McCarthy No
Judith McCann -Slaughter No
Shannon G.Trout Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
++++++++++++++
PUBLIC HEARINGS (Non -Planning Items) —
REQUEST BY MOUNTAIN FALLS PARK RESIDENTS FOR DESIGNATION OF
SANITARY DISTRICT — DENIED
The Board of Supervisors, having Received a Petition Requesting the Creation
of a Sanitary District Encompassing the Subdivision Known as Mountain Falls
Park, also Known as Wilde Acres, will Conduct a Public Hearing on the Question
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of the Proposed Sanitary District, which Hearing shall Embrace a Finding of Fact
of Whether Creation of the Proposed District or Enlargement of the Existing District
is Necessary, Practical, Fiscally Responsible, and Supported by at Least 50
Percent of Persons who Own Real Property in the Proposed District.
Mr, Tierney provided background on the request beginning with its receipt in the County
Administration office in April 2018 and its referral to the Public Works Committee in June 2018, He
noted the Board had approved procedures in December 2018 for use by petitioners seeking
sanitary district designation. He said that communications have been received from 95 individuals
from about 80 individual addresses, adding that there are over 2000 lots including 504 developed
lots in the subdivision, and noted that some owners hold multiple lots.
Chairman DeHaven opened the public hearing.
Beth Shalap, Back Creek District, said she had requested that Delegate Chris Collins seek
an opinion from the Attorney General on the method to be used to confirm that 50% of the
homeowners in the development support the sanitary district designation. She asked the Board to
delay making a decision until an opinion is received from the Attorney General.
Chairman DeHaven closed the public hearing.
Vice Chairman Lofton moved that the Board request the petitioners to provide facts
supporting their request per the Board's adopted procedures. Supervisor Wells seconded the
motion.. Supervisor McCarthy said the motion is not necessary when the statute directs the Board
to find facts at the close of the public hearing. Vice Chairman Lofton withdrew the motion and
Supervisor Wells withdrew his second.
Chairman DeHaven noted the public hearing had been open for eight months and that the
requesters would be welcome to submit a new request at any time.
Vice Chairman Lofton moved for denial of the request for a sanitary district at Mountain
Falls Park. Supervisor McCarthy seconded the motion which carried on a roll call vote at follows;
Blaine P. Dunn Aye
Gary A. Lofton Aye
J. Douglas McCarthy Aye
Judith McCann -Slaughter Aye
PLANNING COMMISSION BUSINESS
PUBLIC HEARINGS
Shannon G. Trout Aye
Robert W. Wells Aye
Charles S. DeHaven, Jr. Aye
REZONING #04-18 - TASKER ROAD AND WARRIOR DRIVE COMMERCIAL
PROPERTIES — APPROVED
Submitted by Greenway Engineering, Inc., to Rezone 20.24+/ Acres from the B2
(General Business) District with Proffers to the B2 (General Business) District
with Revised Proffers and 0.62+/- Acres of Land Zoned RP (Residential
Performance) District with Proffers to the RP (Residential Performance)
District with Revised Proffers. The Properties are Located in the Northwest
and Southwest Corners of the Intersection of Tasker Road and Warrior Drive
and are identified by Property identification Numbers 75-A-104 And 75-A-104E
in the Opequon Magisterial District.
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Ms. Perkins said the request is a rezoning with a minor proffer revision to the 1998 proffers.
She noted the Planning Commission recommended denial of the rezoning, and the applicant has
adjusted the proffer language since then to modify the restriction of business and delivery hours to
allow employees onsite during night hours but not deliveries or customers.
Evan Wyatt, Greenway Engineering, said the basis for the request was that the restriction
on the hours of operation in the original rezoning has been a stumbling block for many potential
buyers wishing to develop the parcel. Supervisor Dunn requested clarification on the specifics of
the new proffers regarding deliveries being prohibited between 11 pm and 6am.
Chairman DeHaven opened the public hearing.
Wilbert Washington, representing residents of the Autumn Glen subdivision, expressed
opposition to the requested proffer change. He said the Autumn Glen residents bought property in
their residential development believing that the commercial property would have the prohibition of
operating hours between 11pm and 6am and asked the Board to honor the County's promise and
keep the current proffer with the limited hours of operation,
Alan Morrison, Gainesboro District, spoke about his experience as a manager in a
distribution center and how loading and unloading noise can cause problems for adjacent property
owners.
Chairman DeHaven closed the public hearing
Supervisor Wells said had had spent many hours talking with citizens on the issue and
was surprised at the comments during the public hearing. He said in his discussions with residents,
he understood that the limited hours satisfied the main concerns about noise and disruption.
Supervisor Wells continued saying the property and has been zoned commercial for many years
and that fairness to the commercial property owners needs to be considered in addition to that of
the residents. He said that if deliveries or related truck noise occurs during the prohibited hours,
such violations should be reported to the police.
Supervisor Wells moved for approval of Rezoning #04-18 - Tasker Road and Warrior Drive
Commercial Properties. Supervisor Trout seconded the motion.
Vice Chairman Lofton said he still does understand the disruption concerns expressed by
the residents and will not support the change in proffers without more information.
Supervisor Dunn asked for clarification on the proffer change saying he saw no difference
in the new proffer addressing the truck noise issue.
Supervisor Wells said the difference is the prohibition on truck deliveries between 11 pm-
6am in the new proffer while the old proffer allowed deliveries at all hours, adding the other change
will now allow employees to work inside the building during the hours of 11 pm-6am.
Supervisor McCarthy referenced comments during the public hearing saying proffers are
not a promise from the County that runs with the land. He said the County's job is to balance the
interests of all of the citizens and the new proffer is a good compromise for the common good of
all involved.
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Supervisor Wells reiterated that he spoke to number of citizens and he did not hear the
concerns raised during the public hearing in opposition to the development. He said the
development is the best outcome for all parties.
The motion to approve Rezoning #04-18 - Tasker Road and Warrior Drive Commercial
Properties carried on a roll call vote as follows;
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton No Robert W. Wells Aye
J, Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
OTHER PLANNING BUSINESS
1. DISCUSSION: 2019-2024 CAPITAL IMPROVEMENTS PLAN (CIP) — SENT FORWARD
FOR PUBLIC HEARING
Ms. Perkins said the Capital Improvements Plan (CIP) is a document that consists of a
schedule of major capital expenditures for the County for the ensuing five-year period as well as a
category for long term projects (6 + years out). She said the CIP is intended to assist the Board of
Supervisors in preparation of the County budget, adding that the inclusion of projects on the CIP is
in no way an indication that Frederick County will be undertaking these projects. She said the CIP
is strictly advisory; it is intended for use as capital facilities planning document, not for requesting
funding allocations. Ms. Perkins said once adopted, project priorities and cost estimates may
change throughout the year based on changing circumstances, and it is also possible that particular
projects may not be funded during the year that is indicated in the CIP.
Supervisor Wells moved that the Draft 2019-2024 CIP be scheduled for a public hearing.
Supervise Dunn seconded the motion which carried on a voice vote.
BOARD LIAISON REPORTS
Supervisor Wells noted the significant ice storm on February 12. He said the 911 call
center received 765 phone calls of which 504 were for service, and of those, 229 were for fire and
rescue. He said the dispatch center had placed 338 phone calls during the event, and he praised
the staff for successfully handling the storm incident.
CITIZEN COMMENTS — None
BOARD OF SUPERVISORS COMMENTS
Supervisor McCarthy noted the Gainesboro Fire Company handled more than 45 calls in
24 hours during the recent ice storm and praised the service of all the public safety personnel.
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Supervisor Wells noted the 90-day postponement on the Governors Hill rezoning issue
saying the applicant is now ready to come back to the Board. He moved that the matter be addressed
at the March 13 regular Board of Supervisors meeting. Vice Chairman Lofton seconded the motion.
The Board discussed the timing of the item being placed on the agenda. The motion to place the
issue on the March 13 agenda carried on a roll call vote as follows:
Blaine P. Dunn Aye Shannon G. Trout Aye
Gary A. Lofton Aye Robert W. Wells Aye
J. Douglas McCarthy Aye Charles S. DeHaven, Jr. Aye
Judith McCann -Slaughter Aye
ADJOURN
On motion of Vice Chairman Lofton, seconded by Supervisor McCarthy, the meeting was
adjourned at 8:01 p.m.
OQ"hAqA-,A
Charles S. DeHaven, Jr.
Chairman, Board of Supervisors
Kri T rney
Clerk, Boa upervisors
Minutes Prepared By:
Ann W. Phillips
Deputy Clerk, Board of Supervisors
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Board of Supervisors Regular Meeting Minutes of February 13, 2019 - Appendix 1
PARKS AND RECREATION COMMISSION REPORT to the BOARD OF SUPERVISORS
Wednesday February 13, 2019
7:00 p.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
To: Jay Tibbs, Deputy County Administrator for Human Services
From: Jason L. Robertson, Director, Parks & Recreation Dept.
Date: February 4, 2019
Subject: Parks and Recreation Commission Action
The Parks and Recreation Commission met on January 30, 2019. Members present were:
Randy Carter, Christopher Fordney, Gary Longerbeam, Amy Strosnider, Charles Sandy, Jr., Guss
Morrison, Ronald Madagan, and Robert Wells (Board of Supervisors' Non -Voting Liaison).
Members absent: Natalie Gerometta
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
None
ITEMS SUBMITTED FOR INFORMATION ONLY
1. The Commission approved the attached (Attachment 1) By -Laws.
2. The Commission recommends retaining the property of the Old Frederick County
Middle School for use as a recreation complex. Please find attached the presentation
staff shared with the Commission. (Attachment 2)
3, The Youth Sports Partner Policy (500,02) has been adopted as attached (Attachment
3).
4. Parks and Recreation Committee Appointments were assigned, and 2019 Meeting
locations were presented.
Cc: Charles R. Sandy, Chairman
Robert Wells, Board of Supervisors' Non -Voting Liaison
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Board of Supervisors Regular Meeting Minutes of February 13, 2019 - Appendix 2
TRANSPORTATION COMMITTEE REPORT to the BOARD OF SUPERVISORS
Monday, January 28, 2019
8:30 a.m.
107 NORTH KENT STREET, WINCHESTER, VIRGINIA
ATTENDEES:
Committee Members Present: Gary Lofton, Chairman (Voting), Judith McCann -
Slaughter (Voting), Gary Oates (Voting), James Racey (Voting), Barry Schnoor (Voting)
and Lewis Boyer (Liaison Stephens City).
Committee Members Absent: Mark Davis (Liaison Middletown)
Staff Present: Assistant Director -Transportation John Bishop, and Kathy Smith,
Secretary.
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1-Renaissance Drive, Phase II (see attached): The 30% design and update for the cost estimate
for the completion of the project has been received. It was significantly higher than the original
operating cost estimate. This was due to the fact of the increase in the cost of construction and
materials. In response to this, Staff requested estimates for the additional project alternative
options to include a two (2) lane bridge and an at grade crossing for the relocation of the
Springdale Road Crossing. Summary of alternatives and funding below:
The current cost estimates are attached and are as follows:
1. 4-lane Bridge over CSX transitioning to 2-lane road section (current scope) -
$9,738,224.00
2. 2-lane bridge over CSX and 2-lane road section - $7,673,038.00
3. 2-lane relocated at grade crossing and 2-lane road section - $3,081,692
Available funding is as follows:
1. Revenue sharing funds from VDOT- $1,638,764.00
2. Local Funds:
a. $633,644.00 (Artillery Rezoning Proffer)
b. $452,791.46 (Blackburn Rezoning Proffer)
c. $1,080,000.00 (Carbaugh Rezoning Proffer)
3. Transportation Partnership Opportunity Fund (TPOF) - $1,995,682.00
4. Total Original Available Funding: $5,800,881.46
5. Expenditures to date less reimbursement/expected reimbursement: $120,419.65
6. Total Remaining Funding: $5,680,461.81
Alternatives to address the funding shortfall.
1. Seek additional private funding
a. Staff met with the entities that have provided the private funding to date and it
was indicated that they were not interested in additional funding for the sake
of a bridge at this time and would prefer to see the County move forward with
an at grade crossing.
2. Seek additional revenue sharing funds
a, The next revenue sharing application window is in the winter of 2019 and funds
for successful applications would not be available until the summer of 2020
which creates a timeline impact on the project. In addition, potential matching
funding has not been identified.
3. Seek additional TPOF funds
a. Guidance from TPOF staff in Richmond indicates that while a successful
application for additional TPOF is possible, it would likely require additional
local investment which has not been identified at this time. In addition, the
application and approval process would likely take approximately 6 months or
more.
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Based upon those additional alternative estimates and available funding, Staff has
recommended to proceed with the at grade crossing as an alternative option. Also, VDOT has
recommended that the County issue a letter to request release of the Transportation
Partnership Opportunity Funds (TPOF), for this option if recommended. The Committee
discussed the options. Judith McCann -Slaughter commented that she is still not in agreement
of the project without a backstop in place.
Upon a motion by, Mr. James Racey seconded by Mr. Barry Schnoor the Committee
recommended to forward the option of the at grade crossing to the Board for recommendation
of approval. Supervisor McCann -Slaughter voted against the motion.
ITEMS FOR INFORMATION ONLY:
2-SmartScale Scoring Update (see attached): The SmartScale rankings of Round 3 was
presented to the Commonwealth Transportation Board (CTB) on January 15, 2019 by Nick
Donohue, Deputy Secretary of Transportation. The only area project to get funding was the I-
81 Exit 317 accel/decel Lane Extension. Staff briefly discussed the Staunton District procedures
for the SmartScale applications scoring and ranking procedures. A key to scoring allocation is
that District funds are first which makes the County less of a competitor for the State funding.
Staff will discuss this more in detail to the Committee in future along with VDOT staff before the
Round 4 ranking.
3-County Projects Updates: Tevis Street Extension/Airport Road/1-81 Bridge: The project is
currently being advertised for the proposed bid to be submitted by Wednesday, February 27,
2019. A pre -bid meeting with potential contractors was held on January 22, 2019. The project
is expected to be completed in the Summer of 2021.
Renaissance Drive: Please see item 1.
Northern Y: Currently, the 30% design is underway and expected by mid -February.
Coverstone Drive: The funds have been deallocated.
Juba) Early Drive Extension and Interchange with Route 37: Staff had a meeting in December
and is waiting to hear back. Currently, no other activity at this time,
4-Upcoming Agenda Items: SmartScale and Revenue Sharing next round discussion
TBD: Oakdale Crossing Traffic Calming Study.
5-Other: Staff received an informal request for general VDOT projects in the County area to be
updated and posted on the County's web page.
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Board of Supervisors Regular Meeting Minutes of February 13, 2019 - Appendix 3
PUBLIC WORKS COMMITTEE REPORTto the BOARD OF SUPERVISORS
Tuesday, January 29, 2019
8:00 a.m.
107 NORTH KENT STREET, SUITE 200, WINCHESTER, VIRGINIA
PUBLIC WORKS COMMITTEE ATTENDEES:
Committee Members Present: J. Douglas McCarthy, Chairman; Gary A. Lofton; Whitney "Whit"
L. Wagner; Gene E. Fisher; Robert W. Wells; and Harvey E. "Ed" Strawsnyder, Jr.
Staff present: Joe C. Wilder, Director of Public Works; Mike Stewart, Senior Project Manager;
Ron Kimble, Landfill Manager; Kevin Alderman, Shawneeland District Manager; Rod Williams,
County Attorney; Kris Tierney, County Administrator; Cheryl Shiffler, Finance Director; Jennifer
Place, Budget Analyst/Risk Manager
Attachment 1—Agenda Packet
ITEMS REQUIRING ACTION BY BOARD OF SUPERVISORS:
1-Building Inspections — Discuss an agreement for permits on border properties.
Rod Williams, County Attorney gave a brief update on a draft agreement/contract that should
be used when a property crosses jurisdictional boundaries in relation to building inspections.
As stated in Mr. Williams' memorandum dated November 13, 2018, the building inspections
department would like to update this agreement to be used in any future cases involving
structures and permitting that cross these boundaries.
Therefore, a motion was made by committee member Fisher recommending adoption of the
resolution and draft agreement for approval by the Board of Supervisors. The motion was
seconded by committee member Strawsnyder and unanimously approved by the committee.
Attachment 2
ITEMS FOR INFORMATION ONLY
1-Update on convenience site usage throughout the holidays.
Gloria Puffinburger, Solid Waste Manager gave an update on usage during the holiday season.
In total, 320 tons of refuse was placed in Frederick County's convenience centers over the
holiday season. The busiest sites were Greenwood and Albin.
2-Update on the disposition of the old mailbox house in Shawneeland.
There have been on -going discussions regarding the old mailbox house in the Shawneeland
Sanitary District. Once the new southern mailbox was built in 2012, the old mailbox house was
going to be demolished. A group of citizens came forward to save the structure and were
allowed to perform repairs and maintenance with no Shawneeland funds being spent.
However, the question arose about future maintenance of the structures and who should be
responsible to clean up the site if trash, televisions, etc. are dropped off.
At the October 30, 2018 Public Works Committee meeting, the committee recommended a 60-
day study period of how much trash and debris would illegally be dropped off at the site
during the study period. The study period ended in early January 2019. Therefore, Kevin
Alderman, Shawneeland District Manager updated the committee at our meeting that since
the "No Dumping" sign was placed at the site on November 1, 2018, no trash or debris was
dropped off. There were several residents that attended the meeting and they submitted
information to the committee. The attached are the submitted items to include emails, letters
and a petition with approximately 126 residents in support of saving the old mailbox house.
After further discussion, it was agreed to leave the old mailbox house with the following
arrangement:
1. The citizens group is responsible for all maintenance and repairs on the building or
the property.
2. Frederick County staff will perform normal cleanup, the same as elsewhere in
Shawneeland.
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If the mailbox house becomes a trash dumping ground or other issues arise, the Public Works
Committee can revisit this arrangement.
Attachment 3
3-Discuss the Shawneeland Sanitary District Advisory Committee status.
Supervisor Lofton brought up to the attention of the committee some questions and thoughts
about the current advisory committee. The first point is related to the usefulness of the
committee and whether this committee was a benefit to the citizens of Shawneeland, the staff
and to the Board of Supervisors. After some discussions, it was determined that the
committee does provide a benefit to all parties and that it should continue to exist into the
future.
The second point was whether members of the committee should be appointed, or should
there be elections, Currently, members of the advisory committee are appointed by the Board
of Supervisors. Many years ago, the members where elected but it did not work well, and it is
very difficult to manage a fair election. Overthe last 20 plus years, the advisory committee
members were appointed by the Board of Supervisor after nominees met with the Back Creek
Supervisor and both parties agreed the nominee would be a good fit on the advisory
committee.
After some discussion, the committee decided to leave things as they are with the members
appointed by the Board of Supervisors.
4-Request for supplemental appropriation —Animal Shelter reserve funds —Professional
Services line item for the new building addition.
See the attached memorandum for details related to the supplemental request.
A motion was made by Supervisor Lofton to approve and forward the request to the Finance
Committee for a supplemental appropriation in the amount of $50,000 from the Animal
Shelter donations reserve fund and placed in the professional services line item for further
design work on the Animal Shelter addition. The motion was seconded by committee member
Strawsnyder and unanimously approved by the committee.
This request will be forwarded to the Finance Committee for further consideration. All of
these funds are from donations,
Attachment 4
5-Update on landfill projects and Public Works projects.
Ron Kimble, Landfill Manager updated the committee on several on -going projects at the
landfill. Overthe past year and in response to the record rainfall in 2018, the Landfill had a 5
million -gallon leachate lagoon holding pond constructed to help manage rainfall run-off and
comply with DEQ requirements. The lagoon was finished in December 2018 and some liquids
are flowing into the new lagoon now. We are also putting in a new leachate piping system
which should be finished in May 2019. We will continue to excavate rock material in our next
landfill cell, Phase 3, Cell A over the next year.
Mr. Kimble also informed the committee about an upcoming advertisement about discharge
violations we have had with the Opequon Wastewater Reclamation Facility (OWRF). The
OWRF staff are required by code to publish any violations in the local newspaper. We are
working with OWRF staff to avoid future violations.
We also informed the committee that the Crossover Boulevard Road Project is out for bid now.
Bids are due on February 21, 2019. We had over 10 major contractors attend the mandatory
pre -bid meeting. We plan to start construction in the spring and complete the project during
the summer of 2021. We also informed the committee we are progressing on the
replacement Albin Convenience Center project.
6-Discuss the fee schedule for Building Inspections
Staff presented our current residential fee schedule in comparison to adjacent localities. We
also presented the last five years of revenue and expenditures to indicate we have exceeded
our expenditures through revenue collection of building permit fees.
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After some discussion, it was determined to not raise any of our current fees. However, staff
needs to look at possible fees for inspection of maintenance complaints, higher fees for
violators of code issues, etc. This is something we will work on in the months ahead but will
not be a part of the FY2020 budget process.
Attachment S
7-Discuss the fee schedule for the Engineering Department (LDP/VSMP).
During the issuance of fees related to land disturbance permits/stormwater permits, Frederick
County charges fees that where approved in 2014. The fees where developed by DEQ and are
what most localities in Virginia are charging. We have recently added charging annual
maintenance fees which will increase revenues overtime. After discussions, the current fee
schedule will not change, and we will continue to look at it during future budget cycles.
Attachment 6
8-Discuss the concept of an enterprise fund budget for Building Inspections.
Supervisor Lofton discussed his concerns with the Inspections Department collecting increased
revenues over time but not able to purchase replacement vehicles during some budget years.
Supervisor Lofton suggested the option of an enterprise fund budget.
County Administrator Kris Tierney informed the committee that as for vehicle replacements, a
new program was adopted by the Board of Supervisors in 2018 and that is should help in
future budget years with vehicle replacement. Also, Finance Director Cheryl Shiffler provided
information related to internal auditing of the Frederick County budget. She recommends that
required county functions and services fall under the general fund budget. Operating the
Inspections Department outside of a general fund process could cause some issues with
auditing. Staff offered one option of a capital reserve line item to be created in the Building
Inspections budget to put aside current funding to provide future vehicles. After additional
discussion, the committee chose to keep the budgets under the general fund process and for
staff to look at a capital reserve option in future budgets.
9-Discuss Fire Safety inspection fees.
Currently, the Fire and Rescue department is looking at implementing a fire safety inspection
fee schedule. Once the draft fee schedule is discussed and approved by the Public Safety
Committee, it needs to be advanced to the Public Works Committee for review and discussion.
Staff are unsure when the proposed fee schedule will be ready.
10- Miscellaneous Reports
a) Tonnage Report
b) Recycling Report
c) Animal Shelter Dog Report
d) Animal Shelter Cat Report
Respectfully submitted,
Public Works Committee
J. Douglas McCarthy, Chairman
Gary A. Lofton
Robert W. Wells
Whitney "Whit" L. Wagner
Gene E. Fisher
Harvey E. "Ed" Strawsnyder, Jr.
BY
Joel. AWilder
Public Works Director
1CW/kco
Attachments: as stated
Minute Book 44
Board of Supervisors Meeting of 2/13119
County of Frederick, Virginia